Nearly 29 Years After Grantee’s Death, Karnataka HC Quashes PTCL Resumption Of Converted Land

The subject land was granted in 1985–86. The grantee executed a Will in favour of the petitioner in 1994 and died on 10 November 1994.

Resumption proceedings were initiated in 2023. The Assistant Commissioner allowed the claim and ordered resumption in favour of the grantee’s family; on appeal, the Deputy Commissioner set aside that order and directed resumption in favour of the Government.

The petitioner challenged both orders. Respondent No. 4 submitted that the land was converted and was residential, rather than agricultural.

The petitioner did not press the challenge to the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 2023.

The Court applied the PTCL Act, including Section 4(2), under which permission is required for transfer of “granted land”.

Relying on the Three-Judge Bench decision in W.P. No. 60483 of 2014, the Court stated that land which has been diverted or converted no longer qualifies as “granted land” under the Act, and Section 4(2) permission is therefore not required for such land.

The Court also treated the nearly 29-year delay in initiating resumption proceedings as a relevant circumstance in assessing whether the impugned orders could be sustained.

The Court considered both the respondent’s submission that the land had been converted and the long delay before proceedings were commenced.

Applying the stated rule that converted land ceases to be “granted land” for purposes of the PTCL Act, it concluded that the Act did not apply to the subject land.

It further held that the resumption orders were untenable in light of the unexplained delay of nearly 29 years.

It issued a writ of certiorari, quashed the orders dated 3 July 2024 and 24 July 2025, and allowed the writ petition.

The petitioner’s challenge to the 2023 Amendment Act was not pressed.